Yes. If you have a mental or physical condition that is in controversy.
For example, when a plaintiff in a car accident lawsuit has an injury that has lifetime effects, then many times under civil rule 35, a physical exam of the plaintiff is requested by the defense. If the plaintiff is having a lot of anxiety post car accident, the defense may additionally request a mental examination of the plaintiff under rule 35.
A request for a rule 35 exam can occur by agreement between the parties for the exam to take place, or by motion to the court for an order for the exam to occur. The order by the court can only be made by a motion for good cause and notice must be provided to all parties.
The individual whose examination is to occur may have a representative at the examination who is not permitted to interfere or obstruct the examination. A detailed report is created by the examiner and a copy is to be given to the party who was examined.
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Civil Rule 35: Physical and Mental Examination of Persons
(1) Order for examination. When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical examination by a physician, or mental examination by a physician or psychologist or to produce for examination the person in the party’s custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.
(2) Representative at examination. The party being examined may have a representative present at the examination, who may observe but not interfere with or obstruct the examination.
(3) Recording of examination. Unless otherwise ordered by the court, the party being examined or that party’s representative may make an audiotape recording of the examination which shall be made in a unobtrusive manner. A videotape recording of the examination may be made on agreement of the parties or by order of the court.
(b) Report of examining physician or psychologist. The party causing the examination to be made shall deliver to the party or person examined a copy of a detailed written report of the examining physician or psychologist setting out the examiner’s findings, including results of all tests made, diagnosis and conclusions, together with like reports of all earlier examinations of the same condition, regardless of whether the examining physician or psychologist will be called to testify at trial. The report shall be delivered within 45 days of the examination and in no event less than 30 days prior to trial. These deadlines may be altered by agreement of the parties or by order of the court. If a physician or psychologist fails or refuses to make a report in compliance herewith the court shall exclude the examiner’s testimony if offered at the trial, unless good cause for noncompliance is shown.
(c) Examination by agreement. Subsections (a)(2) and (3) and (b) apply to examinations made by agreement of the parties, unless the agreement expressly provides otherwise.
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